Sec. 12.604. CONSIDERATIONS FOR ISSUANCE OR RENEWAL OF PERMIT; APPLICANT WITH PRIOR PENALTIES OR CONVICTIONS. (a) This section applies only to a determination of whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty for a violation of:
(1) Subchapter C, E, L, R, or R-1, Chapter 43;
(2) a provision of this code not described by Subdivision (1) that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony;
(3) Section 63.002; or
(4) the Lacey Act (16 U.S.C. Sections 3371-3378).
(b) In determining whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty, the department shall consider:
(1) the number of final convictions or administrative penalties;
(2) the seriousness of the conduct on which the final conviction or administrative penalty is based;
(3) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by Subsection (a);
(4) the length of time between the most recent final conviction or administrative penalty and the permit application;
(5) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;
(6) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both;
(7) the accuracy of the permit history information provided by the applicant;
(8) for a renewal, whether the applicant agreed to any special provisions recommended by the department as conditions to the expiring permit; and
(9) other mitigating factors.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.
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